Lynn Mexican Political Injustice and Solutions to Rebalance Political Power HW

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Mexican Political Injustice and Solutions to Rebalance Political Power Andrew Gray Lynn University Mexican Political Injustice and Solutions to Rebalance Political Power The political injustice this paper is focusing on has a long history in the perpetuation of Mexican governmental political regimes (political parties) whose primary motivation in policy development has been based on holding onto political power over protecting the interests of the citizens of Mexico as a whole. Political Injustice can be described as crimes of a political nature which include war crimes, corruption, subversive activities, treason and repression (citation). Political injustice may lead to alienation, apathy and stagnation or political instability, political or national disintegration, revolution or foreign intervention. Longstanding corruption, stagnation and the early political instability after Independence are prominent elements of Mexico’s political dysfunctional system of government. Protection of the regime (PRI) over protecting the rights of individual Mexican citizens has long been the driving force behind governmental actions and as a result Mexican citizens have suffered substantial political injustices. This has occurred all in the face of the Constitutional protections articulated in the Mexican Constitution of 1929 and subsequent amendments through 2015. The most important question of this historical framework is - What is the purpose of any government (Mexican government): is it to recognize the democratic sovereignty of the Mexican People (Title 2, Chapter I: National Sovereignty And Form Of State Governance (Articles 39-41) and to protect their civil rights (Title 1, Chapter 1, Article 1) or is it to protect historical political autocracies and elite power structures for the benefit of the few? To help answer this it is important to refer to the Mexican Constitution. The Mexican Constitution (Updated up until 2015), in its written form addresses the democratic sovereignty of the Mexican people and the government’s responsibility to protect their civil rights. However, this Constitutional framework has been corrupted throughout its history by the self-interests of party and power politics. As stated by the Constitution, national sovereignty is held by the people: ARTICLE 39 The national sovereignty is vested, originally and essentially, in the people. Public power comes from the people and it is institutionalized for the people’s benefit. People, at all times, have the inalienable right to change or modify its form of government. ARTICLE 40 It is in the will of the Mexican people to constitute into a representative, democratic, secular, federal, Republic, made up by free and sovereign States in everything related to its domestic regime, but united in a federation established according to the principles of this fundamental law. ARTICLE 41 People exercise sovereignty through the Powers of the Union and the state powers, according to the distribution of jurisdictions as it is established in this Constitution and the respective States’ Constitutions. The states’ constitutions, by no means shall challenge the stipulations and premises of the federal pact. * Mexican Constitution And the Mexican citizen’s civil rights are protected in: CHAPTER I. HUMAN RIGHTS AND GUARANTEES ARTICLE 1 In the United Mexican States, all individuals shall be entitled to the human rights granted by this Constitution and the international treaties signed by the Mexican State, as well as to the guarantees for the protection of these rights. Such human rights shall not be restricted or suspended, except for the cases and under the conditions established by this Constitution itself. The provisions relating to human rights shall be interpreted according to this Constitution and the international treaties on the subject, working in favor of the broader protection of people at all times. All authorities, in their areas of competence, are obliged to promote, respect, protect and guarantee Human Rights, in accordance with the principles of universality, interdependence, indivisibility and progressiveness. As a consequence, the State must prevent, investigate, penalize and rectify violations to Human Rights, according to the law. * Mexican Constitution Although the Constitution guarantees a transparent democratic system of government the government is failing in its Constitution responsibilities. It isn’t capable of controlling violence; it’s not able to provide basic services in many areas; it is not protecting the universal rights to all Mexican citizens; it is not able to control rampant corruption; and it isn’t able to create a sense of trust for the people in the democratic process. The political history of Mexico since Independence 1884 up to 2000 has been: to protect the elite power structure and control. Previous to Mexican Independence, Mexico was controlled by the Spanish directed government as a subject territory, principally designed as a mineral wealth extraction territory. The people of Mexico were subjects of the crown and worked as serfs in the voracious systematic extraction of silver and gold to feed the greed of the Spanish Empire. After Spain finally withdrew from Mexico, and independence happened, the structure and purpose of the subsequent governments was to perpetuate a top down power structure. Between 1821 and 1921, Mexico experienced more than 1,000 military revolts (Bolis 1947). Mexico had 36 presidents between 1821 and 1857 alone (Benítez 2004). The Mexican state finally took shape through autocratic‐military regimes such as the Porfirio Díaz dictatorship (1876‐1911) and the one‐party rule of the PRI (1928‐2000). Mexico’s political history has been obviously very unstable since Independence. Of Mexico’s 68 presidents between 1821 and 2000, 29 were civilians and 39 were military. There have also been four military juntas, as well. None of the various elite groups in power have been able to conceive a broad, democratic security doctrine. On the contrary, realpolitik and regime security form the tradition and true nature of the national security permeating the political system. (Wiley) Mexico’s security model since independence has been one of authoritarianism marked by corruption and impunity. Despite a weak transition to democracy in the year 2000, the object of security is not the state, but the regime. (Wiley) By concentrating regime security in the directives of the president and the cabinet, and lacking a real system of accountability, decisions are made in terms of the actors that hold power and control bureaucracies, budgets, and promotions. Without a doctrinal framework or a comprehensive legal system, decisions are made based on the priorities of each administration-which, in the short term, are determined by the particular interests of the elite groups then in power. Regime security is the source of insecurity and the breeding ground for the increased porosity of Mexico’s borders, the expulsion of migrants, and the rise of organized crime because it is opposed to transparency, accountability, and legality; it acts at its own discretion and threatens the state and the nation. In the case of Mexico, an explanation of the decision‐making process under regime security can be found in a premise that has been observed since 1943 to the present. The Mexican Doctrine of War consists of securing the unquestionable loyalty of the military command to the institution of the presidency. This alliance has enjoyed a lack of transparency at the highest levels; while civilian authorities hold power for six years, the armed forces enjoy their privileges and immunities on a permanent basis. The permanence of their privileges is the basis of the loyalty and subordination of the armed forces to the institution of the presidency. This explains the lack of coups d’etat in Mexico during the decades of the Cold War, which saw extremely traumatic military takeovers in the Southern Cone, including in Chile (1973), Argentina (1976), and Brazil (1964). The Mexican people have never really had a long term experience with democracy and so their only norm has been a government designed to perpetuate wealth and political power for the ruling elite. This is a principal reason for Mexico’s present day struggles to become a vibrant, safe and stable economic power. Mexico's historical national security system has never been capable of protecting the rights of its citizens in the face of systemic corruption, poor commitment to the mission, and a poorly designed institutional framework to carry out the protection of its citizens. Up until today, rising violent crime rates remain the greatest threat to public security and stability in Mexico. So much of this violence is founded on deeply embedded corruption and the unstoppable drug market of the cartels drug supply to the United States and the flow of military grade weaponry back to Mexico and the cartels. These are the greatest threat to political stability and social injustice found in Mexico. There may well be progressive changes coming to Mexico through the new President Andres Manuel Lopez Obrador’s National Regeneration Movement (MoReNa) administration, but that has yet to be seen. The possible solutions to correcting the chronic dysfunction of political injustice in Mexico may well be found in the EU Crisis Group recommendations. It certainly is a valuable set of actions that I believe would go a long way to correcting much of the destructive forces in Mexico and so diminish political injustice experienced by the many Mexican citizens. Mexico is very interested in expanding its markets into the European Union . To do so, it will need to comply with certain EU expectations which address corruption and need for governmental oversight. This includes political process and justice department controls. The summation of these expectations are found in the Crisis Groups for criteria (below) EU should help address Mexico’s security crisis by: 1. Reframing “war on drugs” as a set of internal armed conflicts (regionally tailored security policies) and not the direct responsibility of the Federal Army Forces. Each state has its own particular issues which are best addressed by the regional government with the support of the federal government. 2. Encourage Federal Government to return public security provisions (Federales) back to civilian police forces followed by sparking up old efforts to reform the security and justice system. (These reforms should stress above all the implementation of effective oversight and accountability mechanisms led by independent civilian appointees with the power to impose disciplinary measures on state actors, most urgently police, armed forces, and prosecutorial services. 3. Create an elite task force within federal police and prosecutorial bodies to give oversight and accountability mechanisms some value by specialising in investigating corruption, collusion, and violence within security forces. (also to protect local reform efforts). The task force should have the authority and access to complete overview and 4. Supporting security reform through technical assistance and sharing best practices with Mexican policymakers, including during the regular political dialogues on security and justice between the EU and Mexico. Specifically the EU could offer assistance for local mediation and demobilisation efforts, women-led victims collectives searching for disappeared persons, the National Search System for People, and promising police reform initiatives at the local level. Advantages to Solutions * Advantages: Reframing “war on drugs” would be advantageous to alleviate some political injustice by decentralizing power of the national government and permitting the local state authorities to manage strategies based on local knowledge and protection of innocent civilians. 1. Public Security returned to state control would be advantageous because it would empower the local police to manage local security and so it can minimize corruption and damaging behavior of a less community connected federal force. Local knowledge is often much more effective than fire power in building trust and community involvement. 2. An Elite Task force for Federal Police and Prosecutors would ensure anti-corruption efforts would have much more transparency and would reduce the negative effects on local citizens of a corrupt justice system. 3. Security Force technical assistance and best practices would enable local and national police to learn the best methods for enforcing laws and maintaining higher levels of trust. This would elevate the respectability of the police forces in the eyes of the citizens of Mexico and would provide them with much better political justice and equality before the law. Mexico has a long way to go to reduce the embedded political injustices that have been part of the Mexican culture. A commitment over time by an honest administration applying the EU criteria would go a long way to building confidence in the integrity of the government. However, it will be difficult to flush out the social expectation and change the historical way of doing business. It will take more than just a generation. References Treating Mexico's Epidemic of Violence under the López Obrador Government. (2019, April 18). Retrieved from https://www.crisisgroup.org/latin-america-caribbean/mexico/treating-mexicosepidemic-violence-under-lopez-obrador-government Sumano, A. R. (2019, January 7). Mexico's National Security Paradoxes and Threats in a Geopolitical Context. Retrieved from https://onlinelibrary.wiley.com/doi/full/10.1111/polp.12287 https://www.constituteproject.org/constitution/Mexico_2015.pdf?lang=en
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Mexican Political Injustice and Solutions to Rebalance Political Power
Andrew Gray
Lynn University

Mexican Political Injustice and Solutions to Rebalance Political Power
The political injustice this paper is focusing on has a long history in the perpetuation of
Mexican governmental political regimes (political parties) whose primary motivation in policy
development has been based on holding onto political power over protecting the interests of the
citizens of Mexico as a whole. Political Injustice can be described as crimes of a political nature
which include war crimes, corruption, subversive activities, treason and repression (The
Encyclopedia of World Problems & Human Potential, 2019). Political injustice may lead to
alienation, apathy and stagnation or political instability, political or national disintegration,
revolution or foreign intervention (International Crisis Group, 2019). Longstanding corruption,
stagnation and the early political instability after Independence are prominent elements of
Mexico’s political dysfunctional system of government. Protection of the regime (PRI) over
protecting the rights of individual Mexican citizens has long been the driving force behind
governmental actions and as a result Mexican citizens have suffered substantial political
injustices (Gomez, 2017). This has occurred all in the face of the Constitutional protections
articulated in the Mexican Constitution of 1929 and subsequent amendments through 2015.
The most important question of this historical framework is - What is the purpose of any
government (Mexican government): is it to recognize the democratic sovereignty of the Mexican
People (Title 2, Chapter I: National Sovereignty and Form of State Governance (Articles
39-41) and to protect their civil rights (Title 1, Chapter 1, Article 1) or is it to protect historical
political autocracies and elite power structures for the benefit of the few? To help answer this it
is important to refer to the Mexican Constitution.
The Mexican Constitution (Updated up until 2015), in its written form addresses the
democratic sovereignty of the Mexican people and the government’s responsibility to protect

their civil rights. However, this Constitutional framework has been corrupted throughout its
history by the self-interests of party and power politics. As stated by the Constitution, national
sovereignty is held by the people:
ARTICLE 39 The national sovereignty is vested, originally and essentially, in the
people. Public power comes from the people and it is institutionalized for the
people’s benefit. People, at all times, have the inalienable right to change or
modify its form of government (Gomez, 2017).

ARTICLE 40 It is in the will of the Mexican people to constitute into a
representative, democratic, secular, federal, Republic, made up by free and
sovereign States in everything related to its domestic regime, but united i...


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